Hastings et al v. FCA US, LLC et al

Filing 128

ORDER granting 127 Motion to Dismiss. Defendant Quadratec, Inc.'s crossclaims against Defendants FCA US LLC and Lonnie McCurry's Four-Wheel-Drive-Center, Inc. are dismissed with prejudice. Signed by Honorable Susan O. Hickey on May 9, 2022.(mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LIAM HASTINGS, Individually and as Parent and Next Friend of NICOLAS HASTINGS and SYDNEY HASTINGS, both Minors; and TRENTON HASTINGS, Individually v. PLAINTIFFS Case No. 4:19-cv-4067 FCA US LLC f/k/a/ CHRYSLER GROUP, LLC f/k/a CHRYSLER LLC f/k/a/ DAIMLER CHRYSLER f/k/a CHRYSLER CORPORATION; LONNIE MCCURRY’S FOUR-WHEEL-DRIVECENTER, INC. d/b/a SKYJACKER SUSPENSION, INC.; and QUADRATEC, INC. DEFENDANTS ORDER Before the Court is Defendant Quadratec, Inc.’s Motion to Dismiss With Prejudice. (ECF No. 127). No response is necessary. The parties have settled all issues in this case. Accordingly, Defendant Quadratec, Inc. asks to dismiss with prejudice its crossclaims against Defendants FCA US LLC and Lonnie McCurry’s Four-Wheel-Drive-Center, Inc. An action or claim may be dismissed by court order, on terms the Court considers proper. Fed. R. Civ. P. 41(a)(2). “Voluntary dismissal under Rule 41(a)(2) should not be granted if a party will be prejudiced by the dismissal.” Adams v. USAA Cas. Ins. Co., 863 F.3d 1069, 1079 (8th Cir. 2017). Good cause exists for the motion, as the Court sees no reason why the parties would be prejudiced by the dismissal of Defendant Quadratec, Inc.’s crossclaims. Accordingly, the instant motion (ECF No. 127) is hereby GRANTED. Defendant Quadratec, Inc.’s crossclaims against Defendants FCA US LLC and Lonnie McCurry’s Four-Wheel-Drive-Center, Inc. are hereby DISMISSED WITH PREJUDICE. Plaintiffs have not yet moved to dismiss their claims against Defendants pursuant to the parties’ settlement agreement, so those claims remain pending. IT IS SO ORDERED, this 9th day of May, 2022. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge 2

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